Md.Kamaluddin Baidya v. Safiar Rahaman

16.12.2020 SL No.4 wt 5 Court No.12 (gc) CPAN 507 of 2020 Md. Kamaluddin Baidya Vs.

Safiar Rahaman In FMA 1672 of 2019 (Via Video Conference) Mr. Balai Lal Sahoo, Mr. Sankha Prasad Roy, ...for the appellant/applicant.

Mr. Swarup Banerjee, ...for the alleged comtemnor Nos.1 & 2.

Mr. Bidhan Biswas, ...for the alleged contemnor No.3.

The affidavit of compliance filed by the alleged contemnor No.2 is taken on record.

We have perused the affidavit of compliance. We do not find any violation on the part of the alleged contemnors in complying with the order dated 24th January, 2020. The alleged contemnor Nos.1 and 2 are personally present in Court. The affidavit discloses compliance of the final order by the Directorate of Madrasah Education West Bengal within the extended period, nothing remains in the contempt application.

The contempt application being CPAN 507 of 2020 stands disposed of.

However, this order shall not preclude the appellant/applicant to take appropriate steps in accordance

with law in relation to the final order passed on 9th December, 2020.

We clarify that the functioning of the respondent No.11 shall not be permitted and regularized beyond 15th December, 2020 and steps shall be taken by the Madrasah authorities as well as the West Bengal Madrasah Service Commission to fill up the resultant vacancy which has occurred in place of the said respondent No.11. All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)